beta
Text
1. The Defendant’s KRW 135,511,871 against the Plaintiffs and 15% per annum from May 9, 2016 to May 31, 2019.
Reasons
1. Basic facts
A. On December 27, 2013, the Plaintiffs contracted the Yangcheon-gu Seoul Metropolitan Government DD Corporation’s contract, and subcontracted the instant construction contract to the Defendant on the grounds that the instant construction work of reinforced concrete (hereinafter “instant construction work”) during the contract period was KRW 921,602,00 (including value-added tax; hereinafter the same shall apply) and the construction period was from December 30, 2013 to July 31, 2014. (B) Thereafter, the Defendant suspended construction work under the instant construction contract on August 10, 2014, and the Plaintiff Company B (hereinafter “Plaintiff B”) discontinued the instant construction contract to the Defendant on August 11, 2014 on the ground that the submission of documents related to the change of the contract period, wages, delayed payment, delay in the construction period, submission of advance payment, report on the field agent’s false representation, etc.
“The notice was given.”
[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including paper numbers), the purport of the whole pleadings
2. Determination as to the cause of action
A. Comprehensively taking account of the overall purport of the arguments in each of the statements in Gap evidence Nos. 3 through 16 (including the provisional number) as to the amount of excess construction cost, the court below acknowledged the fact that the defendant paid KRW 470,776,00 in total to the defendant as to the construction cost of this case as of August 10, 2014, 48.75% of the construction cost of this case executed by the defendant as of August 10, 2014, and the construction cost of this case was KRW 437,265,643, and the additional construction cost according to the design change was 16,04,486, and the additional construction cost was 470,776,00 won as to the construction cost of this case and additional construction work of this case. Since the defendant deducted the construction cost of this case from 470,776,000 won and the additional construction cost of this case from 437,2643,16487,717.